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Clare, Attorney

Category: European Law

Satisfied Customers: 29557

Experience: Attorney

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Dear Claire, following the Italian lawyers reply I got when

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Dear Claire, following the Italian lawyer's reply I got when you opted out, I managed to have added in the court order that it would have to be registered with a notary in Italy in order to give me power to conduct the sale according to Italian law. I have now received an email the other side wrote to the judge saying they have not been instructed by their client and if he said that this would be adverse to him they would make an application to set the order aside.What would happen in that case?do we have to start negotiations again? As only with the English court order I lulu not be able to conduct sale in Italy.Many thanks

HiThat is excellent newsDo not worry this is just yet another futile move by his solicitors.If such a power is necessary for you to conduct the sale then it has to be included in the Order then it has to be OrderedYou will not have to start negotiations again - the only issue is how the Order can be implementedI hope this helpsClaire

Thanks Claire! My barrister was a bit difficult about it, I believe there was an issue with the English language between him and my Italian lawyer, I then copied and pasted the answer from the just answer.com solicitor (who replied to my question )and sent it off to my barrister. The judge had already said he was willing to amend the order, because my Italian lawyer bypassed my barrister and emailed the judge with a cc to all barristers ( maybe this is not what one does in this country but I suppose we had no choice, my barrister was just not listening!)Ok! So, the court order is going to b amended, I will have the proxy in order to conduct sale in Italy, and I will! I only have to find a buyer now!many thanks dear Claire, it has been a very difficult year for me and my daughter, nd honestly I am not sure I would have managed without your assistance! I am e rolling myself to a GDL course and next year I am going to study for the bar school!I hope to make a good carrier out of it!many many thanks from my heart!I have one more question for you and I am going to post it soon! Thanks!

Dear Claire, we thought this might be to easy! My husband is in breach of the last court order dated 06.08.2013 according to which he would transfer me a power of attorney in order to conduct the sale of the matrimonial home for which if you remember he had offered me 73% of the first big sum , he has failed to pay my backdated interim maintenance as per court order dated 02.05.2013 to which there is a penal notice attached, in the same way he has breached the last court order as he has failed to pay £20,000 towards my égalme costs, ( but this can be taken from the sale of the matrimonial home, although he has failed to transfer me the power of attorney, therefore I won t be able to sell it!)He has also failed to pay my daughters maintenance, and keeps accusing me of having prevented contact with the child as the last court order allowed the girl travel to Italy subject to me having my travel documents renewed ( the ones he denied renewal in may, according to Italian law).The girl could not travel once I got my papers due to a consent document missing from him to allow her being transported by the main airline companies as a unaccompanied minor.i posted him the document, and had an appointment with the Italian consulate to have it issued for the end of August. In the mean time, I went on holiday with my daughter, as being in london would just have been the same, she could not have travelled to Italy because that document was missing,His uk solicitor has started again threatening me and claimed they are taking me to court for breach of contact.The judge was a bit superficial,as claimed the girl could travel to Italy upon me receiving my papers without considering this other document was missing, and without saying for how long she could visit him, as our contact order says we need to agree time date and duration before departure in writing.the judge also allowed her to travel although the contact order was badly translated and registered with the Italian court, claiming there are a lot of things that can be done if the girl is not returned!The judge was also very superficial as I provided an exchange of emails between him and his UK solicitor showing he said that "even if the judge would award me a share of the matrimonial home, he would NOT give it to me" .the judge did not want to consider transferring me the other property ( the lake villa) just because its sometimes used by his parents, and ordered him to transfer me the power of attorney.I believe this is an entire mess, I need to return to court, I believe, to stop again the contact order because he is in breach of alla other orders and cannot be trusted2) I need to revive the committal or my backdated interim maintenance as there was a penal notice attached to itBut what to do for the child maintenance he failed to pay And for having failed to transfer me the power of attorney in order to conduct the sale of the matrimonial home?The judge has refused to commit him already 3 times, and I have had enough!What can I do?Many thanks dear Clair, kind regardsValentina

Hi Claire, sorry couldn't t manage to get back to you from the iPhone this morning for so me reason.No, all assets are in Italy.I am very concerned because he lied to the court, by offering me a settlement with the conduct of the sale of the matrimonial home , just to shut the judge up, a few days prior to the final he wrote to his uk solicitor saying he would not give me any share of the matrimonial home even if the judge ordered it, then he offered it just to shut everybody up.His uk solicitor knew it, he has been very arrogant has threatened me many times and his conduct was not aPropria te for a ul lawyerI a, also very concerned about child maintenance that he has suspended

No, as my Italian lawyer claimed needs to be enforced in the UK. I thought it should be inforced in Italy as the court order has been registered with the Italian court.Is that correct.What can I do for the other breaches?Many thanks

HiIf his only income is in Italy then the maintenance order needs to be enforced in Italy - and indeed it is much easier now than it used to be http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitorThe only option with regard to the Power of Attorney will be a Penal Notice I am afraidClaire

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